Decisions table

RECORDS – whether the body corporate failed to provide body corporate records – whether the records must be supplied. Act, s 205; Accommodation Module, s 203

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING – MOTION – REASONABLENESS – where lot owner proposed motion for renovations – where meeting chair ruled motion out of order on legal advice – where motion contained plans with alternative proposals for works – where owner says motion would have passed – where lot owner seeks order that motion be declared to have passed – whether to declare motion passed. Act, ss 100(4)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS –CONTENT AND EXTENT –s.169 Act OBLIGATION TO COMPLY –s.59 Act ENFORCEMENT OF BY-LAWS - ss.182,183 Act

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – Application for interim order– whether warranted in circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v Lenah Game Meats (2001) 208 CLR 199 Act, s 279 GENERAL MEETING PROCEDURE MOTION WITH ALTERNATIVES - whether motions have been properly listed as a motion with alternatives in accordance with section 72 Standard Module. EXPLANATORY MATERIAL ACCOMPANYING VOTING PAPER – whether requirements of 73 Standard Module have been met.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS – whether the body corporate committee acted reasonably when refusing permission for owners’ window tinting on the basis that it was too dark at a scheme with a variety of unapproved tinting in various shades; whether those owners should be ordered to remove the tint and compensate the body corporate for their “vexatious attitude”; whether the application is vexatious and the body corporate should compensate the respondents for costs arising from the application. Act, ss 100(5), 270.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

RESOLUTION – where motion allegedly passed on the basis of an ineligible vote – whether to make interim order to stop implementation of resolution pending final determination. Act, s 96

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Application for interim order – whether administrator should be appointed. Act, ss 279, 301

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS –CONTENT AND EXTENT –s.169 Act OBLIGATION TO COMPLY –s.59 Act ENFORCEMENT OF BY-LAWS - ss.182,183 Act

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether body corporate acted unreasonably in passing resolution that included installation of additional CCTV cameras Act, s 94(2)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – Application for interim order– whether warranted in circumstances\_.\_ SDW2 Pty Ltd v JLF Corporation Pty Ltd [[2017] QSC 001](/cgi-bin/LawCite?cit=%5b2017%5d%20QSC%20001 "View LawCiteRecord") ABC v Lenah Game Meats (2001) 208 CLR 199 Act, s 279 SUPPLY OF SERVICES BY BODY CORPORATE – where the body corporate proposes to purchase solar power panels to supply a utility service to occupiers – where most lots are tenanted – whether this arrangement complies with section 167(2) Accommodation Module. Accommodation Module, s 167.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is warranted. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

FINANCIAL YEAR – whether the financial year end date for the body corporate should be changed. Act, s 227, 228, 276, 283, 284(1), Schedule 5.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

VOTE OUTSIDE COMMITTEE MEETING – whether meeting properly convened – whether some committee members prevented from voting in the meeting – whether motions from the meeting should be voided‑. Act, ss 94(2), 100(5), 269(3)(b), 269(3)(c); Standard Module, ss 54, 55.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING PROCEDURES – whether the body corporate should be authorised to hold its annual general meeting outside the legislative time limit. Accommodation Module, s 64

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

IMPROVEMENT TO LOT; BY-LAWS – whether owners should be ordered to remove tinting from their external windows that was installed without body corporate consent in contravention of the by-laws; whether the body corporate acted reasonably when withholding consent for the tinting. Act, ss 94, 100(5); Building Act 1975, s 246R.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is warranted. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

CHANGE OF FINANCIAL YEAR – application to change the financial year end date of the Body Corporate Act, s 283

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency – whether expenditure above the committee spending limit should be authorised. Act, ss 227, 228, 243A, 276, Schedule 5; Standard Module, ss 151-153, 159(1)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

PROPOSED SUPPLY OF SERVICE BY BODY CORPORATE – whether body corporate able to enter into a contract to supply individual services to lot owners. Whether individual agreements between body corporate and individual lot owners are required to provide a utility service. Act, ss 158, 195(2); Accommodation Module, s 167.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

EGM REQUISITIONED BY LOT OWNERS – WHETHER EGM CALLED IN ACCORDANCE WITH SECTION 43 COMMERCIAL MODULE -WHETHER COMMITTEE DECISIONS MADE IN ACCORDANCE WITH SECTION 28 COMMERCIAL MODULE Section 276 Act Sections 28, 35, 39, 43 Commercial Module

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REASONABLESS –where body corporate passed resolutions to fund legal expenditure on dispute with caretaker – whether resolutions should be invalidated COMMITTEE – where applicant seeks orders to replace committee members COSTS – whether to award costs against applicant Act, ss 94(2); 100(5); 270(3)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING MOTION – where the applicant submitted a motion proposing that an overflow relief gully be installed – where the motion did not pass – whether the motion should be deemed to have passed. Act, ss 94; Standard Module, s 159

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

FINANCIAL YEAR – whether an order should be made to change the body corporate’s financial year. Act, s 283.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

APPLICATION FOR INTERIM ORDERS – whether an interim order is warranted to prevent the body corporate from replacing a dividing fence on the boundary of scheme land without a contribution from the adjoining land owner and at significantly greater cost than offered in alternative quotations submitted by the applicant. Act, ss 94, 100(5), 101(2), 279(1); Small Schemes Module, ss 85, 86, 157(1); Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, ss 12(1), 16(a), 31, 35.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – where lot owner allegedly installed gate on common property fence without approval – whether to make interim order to stop use of gate pending final determination. Act, s 184; 186

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

MAINTENANCE OF EXCLUSIVE USE AREA – whether the body corporate is responsible for the maintenance of an exclusive use area, including improvements that may have been made by a former owner and a waterproof membrane that was damaged by those improvements. Whether the body corporate can validly resolve to relocate the physical features that define the boundaries of the exclusive use area in the community management statement without also changing the community management statement. BODY CORPORATE RECORDS – whether the body corporate is obliged to inform an owner of the location of leaks mentioned in a quotation obtained on the body corporate’s behalf, or to advise whether each leak is the body corporate’s responsibility or not. BUDGETS – whether the body corporate is obliged to obtain budgetary approval at a general meeting before putting motions proposing work to a rooftop exclusive use area. Act, ss 62, 205, 281; Accommodation Module, ss 137, 139(2), 157, 162, 171, 172.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INSURANCE – where the body corporate’s insurer approved a claim for damage to the applicants’ lot – where the body corporate cancelled the claim – whether the body corporate should reinstate the claim - COSTS – where the body corporate failed to participate in conciliation – whether the body corporate should pay the application fees. Act, ss 94(2), 100(5), 280

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

POWER OF ADJUDICATOR TO MAKE ORDERS- Section 276 Body Corporate and Community Management Act 1997 WHEN ANNUAL GENERAL MEETING MUST BE CALLED –section 64 Body Corporate and Community Management (Accommodation Module) Regulation 2008

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Access to lot and common property. Act, ss 35, 94(2), 152; Accommodation Module, s 159.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

RESOLUTION WITHOUT DISSENT – where a motion proposed that space on common property pillar sign be allocated in accordance with a licence agreement and in proportion to lot entitlements. WHETHER OPPOSITION WAS UNREASONABLE– where motion failed to achieve the required resolution without dissent – whether the opposition to the motion was unreasonable in the circumstances. Act, ss 276(1), Schedule 5, Item 10

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

MAINTENANCE UNDER STANDARD FORMAT PLAN – whether the body corporate could validly decide to replace an old boundary fence for the scheme notwithstanding that it does not always follow the exact boundary of the scheme, it doubles as a lot boundary fence in places, it is being used to enclose part of common property within some owners’ lots in the absence of an exclusive use by-law, and it obstructs internal access to an area of common property. Whether owners who use the fence as the boundary fence for their lots should contribute financially to its construction. Whether the fence should be rebuilt on the boundary of some lots to prevent them from capturing part of common property within their lots. Act, ss 35(1), 62, 94(1)(a), 311; Standard Module, ss 159(1), 161(2), 163.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

IMPROVEMENT TO COMMON PROPERTY – where the respondents installed a screen on their exclusive use area of common property without body corporate approval – whether the screen should be removed. Small Scheme Module, s 108

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

COSTS – where the body corporate did not make a reasonable attempt to participate in conciliation –whether costs should be awarded. Act, s 280(2)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

POWER TO ENTER LOT – whether lot owner should be required to provide access to her lot to enable the body corporate to obtain quotes and undertake maintenance. Act, s 163

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS – whether the respondents have parked a motorhome on common property in breach of the by-laws – whether the respondents should be required to remove the motorhome from common property. Act, ss 100(5), 182-188

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

EXCLUSIVE USE BY-LAW – whether authorised allocations made within the base allocation period – whether an extended allocation period should be authorised – whether the time to record a new community management statement containing details of an authorised allocation of exclusive use should be extended. Act, ss 171, 174, 175

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

RECORDS – whether the body corporate failed to provide body corporate records – whether the records must be supplied. Act, s 205; Accommodation Module, ss 202, 203

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

MAINTENANCE – where the applicant has experienced water ingress to his lot – where the applicant asserts there is a leak coming from the lot above - whether the owner of the lot above must repair his bathroom – whether the owner of the lot above must repair the applicant’s lot. Act, s 281; Accommodation Module, ss 168

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

DECLARATORY ORDER – ANNUAL GENERAL MEETING – whether a body corporate’s annual general meeting will be invalid for being held more than three months after the end of the scheme’s financial year. Standard Module s 66

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

ADMINISTRATOR – where orders made for administrator appointment including to hold general meeting to elect a committee within three months – where application to extend time to call and hold general meeting – whether to extend time. Act, ss 301

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING MOTION – where the body corporate resolved to authorise a roof over the patio of a lot – where the applicant objects to the decision - whether the body corporate did not act reasonably in deciding to approve the roof. Act, ss 94(2), 167; Accommodation Module, s 162

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

BY-LAWS – whether the respondent breached by-laws by constructing a carport/patio/motorcycle garage – whether the structure was built in accordance with approved plans and by-laws – whether an order should be made for the respondent to remove the structure. Act, 94(1)(b), 100(5), 182, 2813, 269(3)(b), 269(3)(c).

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Responsibility for air-conditioning unit that services part of lot and area of common property over which rights of exclusive use exist. Act, ss 20, 152, 166, 177

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Responsibility for air-conditioning unit that services part of lot and area of common property over which rights of exclusive use exist. Act, ss 20, 152; Accommodation Module, ss 157(1), 167

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

INTERIM ORDER – whether an interim order is necessary because of the nature or urgency of the circumstances to which the application relates. Act, s 279

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

REASONABLENESS – whether committee acted unreasonably in refusing to give permission to keep dog Act, s 100(5)

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

Whether an interim order is necessary to prevent motions that may be carried at EGM from being implemented. Act, ss16, 279; Accommodation Module, s 81.

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

GENERAL MEETING – whether the person chairing a general meeting had power to rule a motion out of order. Act, ss 94, 95, 104, 152; Accommodation Module, ss 79

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.

EMERGENCY EXPENDITURE – whether the circumstances give rise to a genuine emergency – whether expenditure above the committee spending limit should be authorised. Act, ss 94(2), 227, 228, 243A, 276, Schedule 5; Standard Module, ss 151, 152, 153, 159(1).

On the tribunal register; not yet read into parties, outcome, and amount. Read the source decision.